LAWS(KER)-2012-8-302

THENATH KUNHIMUHAMMED Vs. MANAGER

Decided On August 16, 2012
THENATH KUNHIMUHAMMED Appellant
V/S
LABOUR COURT Respondents

JUDGEMENT

(1.) THE petitioners are workmen involved in I.D.No.7/2000 before the Labour Court, Kannur. They are challenging Ext.P20 preliminary order and Ext.P1 final award passed by the Labour Court in that I.D. The issue referred for adjudication was:

(2.) SINCE the management contended that the punishment of dismissal from service was imposed on the workmen after having found them guilty in a domestic enquiry conducted for that purpose, the Labour Court first considered the validity of the enquiry as a preliminary point and passed Ext.P20 order holding that the enquiry is valid and proper and also that the findings are supported by evidence adduced in the enquiry. Pursuant to the same, the Labour Court passed Ext.P1 award holding that for the misconducts proved against the workmen, the punishment of dismissal from service was not disproportionate. It is challenging Exts.P1 and P20, the petitioners-workmen have filed this writ petition.

(3.) I have considered the rival contentions in detail.